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Wage and Hour Division
www.wagehour.dol.gov
77
1-866-487-9243
Child Labor Requirementsof the
Fair Labor Standards Act
Presented by the U.S. Department of
Labor Wage & Hour Division
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
The Department of Labor is committed to helping young workers find those positive and early employment experiences that can be so important to their development, but the work must be safe.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
The FLSA child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
12 – 13 year old boys
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
The young greaser was 14 years old an his name was
Shorpy Higginbotham
The young greaser was 14 years old an his name was
Shorpy Higginbotham
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Young pusher
Alabama 1910
Young pusher
Alabama 1910
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Everybody has his messtin. The men with a stick are coal-trolley brakers. Many wear gloves, a surprising safety measure for that time (1911)
Everybody has his messtin. The men with a stick are coal-trolley brakers. Many wear gloves, a surprising safety measure for that time (1911)
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243Coal sieving Pennsylvania – 1911Coal sieving Pennsylvania – 1911
The boys ate sitting straight above the coal conveyor belts.
In spite of the spraytubes (visible on the photo), there
seems to be quite some dust (visible neat the windows).
The boys ate sitting straight above the coal conveyor belts.
In spite of the spraytubes (visible on the photo), there
seems to be quite some dust (visible neat the windows).
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
The MINIMUM WAGE is $7.25 per hour.
This is what most workers must be paid. But in certain situations employers may be allowed to pay less. For example:
•Tipped employees-- Credit for tips may be allowed for certain occupations where workers customarily receive tips. $2.13 is the minimum cash wage.
•A Youth Minimum Wage, not less that $4.25 can be used under certain conditions-youth under 20 years old, 1st 90 calendar days.
•Special Certificate Workers--Special certificates issued by WHD may allow lower rates for workers with disabilities, apprentices, full time students and student-learners.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Child Labor Coverage
Minors employed at establishments where goods are produced for interstate commerce
Minors employed by a covered enterprise or who individually engage in the production of goods for interstate commerce
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Enterprise Coverage
Enterprises with:• At least two (2) employees• At least $500,000 a year in business
Hospitals, businesses providing medical or nursing care for residents, schools, preschools and government agencies with at least two (2) employees
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Individual Coverage
Workers who are engaged in:• Interstate commerce;• Production of goods for commerce; or• Closely-related process or occupation directly
essential (CRADE) to such production Engaging in “interstate commerce”
includes:• Making telephone calls to other states• Typing letters to send to other states• Processes credit card transactions• Traveling to other states
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Federal Child Labor Law Includes
Minimum Age of employment of 14 Hours and times 14 and 15 year-
olds may work, and what jobs they may do
What jobs may not be performed by employees younger than age 18
Different Rules for Agricultural Work
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Federal Child Labor Law Does Not
Require minors to obtain work permits
Limit hours or restrict time for minors under 16 years of age
Require breaks or meal periods for minors
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
What if Federal and State Laws Are Different?
Where Federal and State laws differ, the higher or more protective standard applies.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hours that 14 and 15 Year-Olds May Work
Up to 3 hours on a school day (including Fridays)
Up to 18 hours during a week when school is in session
Up to 8 hours on a non-school day Up to 40 hours during a week
when school is not in session
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hours that 14 and 15 Year-Olds May Work
School hours refers to the hours that the local public school where the minor resides while employed is in session.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Times when 14- and15-Year-Olds May Work
Between 7 AM and 7 PM; or Between 7 AM and 9 PM from June
1 through Labor Day; and Outside school hours
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Effective July 10, 201
Section 570.33 and 570.34 makes it clear that 14 and 15 year olds may only do what the Secretary of Labor has declared they may do. “If a task is not specifically permitted, it is prohibited”.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Retail / Service Jobs 14- and 15-Year-Olds May Do
Office and clerical work Cashiering and selling Price marking, assembling orders,
packing Bagging and carrying out
customers’ orders
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Retail / Service Jobs 14- and 15-Year-Olds May Do
Errands and deliveries by foot, bike, bus or train
Clean-up work Kitchen work, preparing and
serving food Pumping gas and cleaning cars
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Non-Retail Jobs 14- and 15-Year-Olds May Do
Office work Sales jobs Preparing and serving food Advertising Banking Information technology
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Effective July 19, 2010
Section 570334(b) creates a new permitted occupation for work of an intellectual or artistically creative nature. Includes sufficient safeguards to ensure these young workers do not perform otherwise prohibited tasks or work during prohibited time periods.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Effective July 19, 2010
Section 570.34(l) permits 15 year olds to work as lifeguards and swimming instructions and water parks if properly trained and certified.
Note: Noone under 16 can work as a dispatcher on elevated water slides or as a lifeguard at natural environment swimming facilities (lakes, beaches, rivers, piers.etc.)
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Work 14- and 15-Year-Olds May Not Do
Manufacturing and Mining Most processing occupations Operating power-driven equipment Transportation and Communications Warehousing and storage Construction
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Work 14- and 15-Year-Olds May Not Do
Work in or about boiler or engine rooms Maintenance or repair of a building or
equipment Work in freezers and meat coolers except to
monetarily enter a freezer to retrieve items Outside window washing Cooking and baking
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Work 14- and 15-Year-Olds May Not Do
Work involving power-driven food slicers and grinders, choppers or cutters and bakery mixers
Loading and unloading goods to and from trucks, railcars or conveyors
Work in meat processing areas All occupations declared to be
hazardous for 16- and 17-year-olds
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Effective July 19, 2010
Section 570.33(j) bans youth peddling and door-to-door sales by youth under 16 years of age. Also prohibits such youth from promotional employment as “sign wavers” unless performed directly in front of the emplo
yer’s establishment.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Effective July 19, 2010
Section 570.33(l) adds poultry catching and cooping as a prohibited occupation.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Occupations
The FLSA prohibits minors under age 18 from performing occupations, which the Secretary of Labor declares to be particularly hazardous. Currently there are 17 such occupations
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Orders 1 through 4
HO 1. Manufacturing or storing explosives
HO 2. Driving a motor vehicle or work as an outside helper on motor vehicles
HO 3. Coal mining HO 4. Logging and sawmilling HO 5. Power-driven woodworking
machines
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Orders 5 through 8
HO 6. Exposure to radioactive substances and ionizing radiation
HO 7. Power-driven hoisting apparatus
HO 8. Power-driven metal-forming, punching and shearing machines
HO 9. Mining, other than coal
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Orders 9 through 12
HO 10. Power-driven meat-processing machines, slaughtering and meat packing plants
HO 11. Power-driven bakery machines HO 12. Power-driven paper-products
machines HO 13. Manufacturing of brick, tile and
related products
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Orders 13 through 17
HO 14. Power-driven circular saws, band saws and guillotine shears
HO 15. Wrecking, demolition, and shipbreaking operations
HO 16. Roofing operations HO 17. Trenching and excavation
operations
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
“Operation” Means
The term "operation" as used in
HO’s 5, 8, 10, 11, 12 and 14
generally includes the tasks of
setting up, adjusting, repairing,
oiling or cleaning the equipment.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 1. Manufacturing or Storing Explosives
Bans minors working where explosives are manufactured or stored, but permits work in retail stores selling ammunition, gun shops, trap and skeet ranges, and police stations.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 2. Driving or Outside Helper on Motor Vehicles
Bans operating motor vehicles on public roads and working as outside helpers on motor vehicles
Minors under age 17 are not to drive on public roads as part of their job. Seventeen –year-olds may on a limited basis with strict guidelines
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 3. Coal Mining
Bans most jobs in coal mining.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 4. Logging and Sawmilling
Bans most jobs in logging and timbering (including cutting firewood) and in sawmills.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 5. Power-Driven Woodworking Machines
Bans the operation of most power-driven woodworking machines, including chain saws, nailing machines, and sanders.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 6. Exposure to Radioactive Substances and Ionizing Radiation
Bans exposure to radioactive materials.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 7. Power-Driven Hoisting Apparatus
Bans the operation of most power-driven hoisting apparatus such as forklifts, bobcats and cranes, including most high lift trucks
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 8. Power-Driven Metal-Forming, Punching and Shearing Machines
Bans the operation of certain power-driven metal-working machines but permits the use of most machine tools.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 9. Mining, Other Than Coal
Bans most jobs in mining at metal mines, quarries, aggregate mines, and other mining sites including underground work in mines, work in or about open cut mines, open quarries, and sand and gravel operations.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 10. Power-driven Meat-Processing Machines
Bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used (including restaurants and delicatessens).
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 10. Power-Driven Meat-Processing Machines
Meat Slicing Machine: Minors may not use this machine even on items other than meat, such as cheese and vegetables.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 11. Power-Driven Bakery Machines
Bans the operation of power-driven bakery machines such as vertical dough and batter mixers (including most countertop models), dough rollers and dough sheeters.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 12. Power-Driven Paper-Products Machines
Bans the operation of power-driven paper products machines.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 12. Power-Driven Paper-Products Machines
Loading the baler and compactor:
16 and 17 year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 13. Manufacturing of Brick, Tile and Related Products
Bans most jobs in the manufacture of brick, tile and similar products.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 14. Power-driven saws and shears
Bans the operation of various types of power-driven band saws, circular saws and guillotine shears, no matter what kind of items are being cut.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 15. Wrecking and Demolition
Bans most jobs in wrecking, demolition, and ship-breaking operations, but does not apply to remodeling or repair work which is not extensive.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 16. Roofing Operations
Bans most jobs in roofing operations including work performed on the ground and removal of the old roof.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
HO 17. Trenching and Excavation Operations
Bans most jobs in trenching and excavation work, including working in a trench more than four feet deep.
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Exceptions
Casual babysitting, newspaper delivery, modeling and acting
Parental exception Apprentices Student Learners
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Child Labor in Agriculture
The following information applies to minors under age 16 employed in agriculture
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Child Labor in Agriculture
The application of child labor rules for agriculture depends on the age of the youth and the type of work to be done
Rules are the same for migrant and local youth workers
Includes limitations on hours and occupations for minors under age 14 and occupations under age 16
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hours Limitations
Minors under age 16 may only work in agriculture outside of school hours
“School hours” are based on the schedule of the local public school in the area where the minor is living while employed
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Outside of school hours
14- or 15-year-olds may work on any farm
12- or 13-year-olds can work on a farm with written permission from parents or on the same farm where a parent works
12-year-olds may only work on “small farms” with permission from parents
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Where Minors May Work in Agriculture
Youths 14 and 15 may perform non-hazardous jobs
Youths 12 and 13 may perform non-hazardous jobs on farms with written permission of parents or on the same farm with a parent
Youths of any age may work at any time in any job on a farm owned or operated by their parents
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Orders-Agriculture
HO 1. Operating tractors of over 20 PTO (Power-Take-Off) horsepower
HO 2. Custom combines, pickers, and other similar machines
HO 3. Trencher, fork-lift, potato combine, and power saws
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Orders-Agriculture
HO 4. Working on a farm in a yard, pen, or stall occupied by a dangerous animal
HO 5. Working with certain timber HO 6. Working from a ladder or scaffold
over 20 feet high
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Orders-Agriculture
HO 7. Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a passenger or helper
HO 8. Working inside storage structures under dangerous conditions
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Hazardous Orders-Agriculture
HO 9. Handling or Applying Chemicals
HO 10. Handling or Using Blasting Agents
HO 11. Transporting, transferring, moving, or applying dry fertilizer (anhydrous ammonia)
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Exceptions/Exemptions from Child Labor Agriculture Rules
Youth of any age may work at any time, in any occupation on a farm owned or operated by their parent
Student-Learners Completion of 4-H Federal
Extension Training Programs
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Tips for employers
Verify ages of young employees Know the child labor requirements Make sure your managers know the
requirements Make sure your minor employees
know the requirements
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
More employer tips
Review time records for minors Post warning labels on prohibited
equipment Conduct training Make compliance important Encourage minors to say “no” if
asked to do something prohibited
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Enforcement
Enforcement is carried out by Wage and Hour staff throughout the U.S.
Employers who violate the child labor provisions are subject to a civil money penalty of up to $11,000 per violation
Federal law prohibits the interstate movement of goods produced where child labor violations are found
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Compliance Assistance Materials - Child Labor
The Law 29 USC 201 The Regulations 29 CFR 570 Handy Reference Guide Child Labor Advisor Fact Sheets 40 and 43 Poster Child Bulletin 101
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
ADDITIONAL INFORMATION
Visit the WHD homepage at: www.wagehour.dol.gov or http://www.youthrules.dol.gov
Call the WHD toll-free information and helpline at 1-866--487-9243
Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: www.dol.gov/elaws
Call or visit the nearest Wage and Hour Division Office
Wage and Hour Division
www.wagehour.dol.gov 1-866-487-9243
Disclaimer This presentation is intended as general information
only and does not carry the force of legal opinion.
The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention.